Bulugh al-Maram

(1) "Widowed woman": See the previous hadith’s benefit for details.

(2) "Virgin girl": Although the guardian’s (wali’s) consent is a condition for a woman, the woman’s own consent is also necessary. The guardian’s consent is required so that the woman, in a moment of emotion, does not marry into a place that would bring shame to her guardians, and the woman’s consent is necessary because she is the one who has to spend her entire life (with her husband).

(3) "Remaining silent": Since a virgin girl is generally more modest, it is not necessary for her to express herself verbally; therefore, her silence—when the details have been explained to her—will also be considered as consent. However, this silence should not be due to fear or displeasure.

(4) If the virgin girl verbally refuses, then her marriage will not be conducted.

Urdu marginal note:
"The guardian does not have authority"—that is, the guardian does not have the authority to obstruct, rather he should give preference to the statement of the widow. These are the correct meanings of this hadith, which are also consistent with other ahadith.

Explanation:
1:
The word "ahaqq" (more entitled) implies participation,
meaning that just as a non-virgin woman has a right regarding her marriage, her guardian (wali) also has a right. However, she has more right than her guardian because, due to the guardian, she cannot be compelled, whereas, due to her, the guardian can be compelled.
Thus, if the guardian is displeased with the marriage and rejects it, then the marriage will be conducted through a judge (qadi/hakim).
With this clarification, it becomes clear that this hadith is not contrary to the hadith "There is no marriage except with a guardian" (la nikah illa bi wali).

2:
And if she does not approve, she should openly state that she does not like this proposal, so that the parents may select another match for her or satisfy her.

Benefits and Issues:
Wherever the widow indicates, it is more commendable for the guardian to conduct the marriage there, provided that there is no legal (shar‘i) impediment.

Benefits and Issues:
➊ Here, (أَيِّم) refers to a woman who has previously been married and then separated from her husband, whether due to the husband's death or due to divorce. That is, by this word, both a widow and a divorced woman are meant. Both have the same ruling.

➋ In marriage, the consent of the girl should also be taken into consideration, and the permission of the guardian is also necessary.

➌ If a virgin girl, due to modesty and shyness, is unable to verbally express her consent, then her silence will be considered as consent, provided that other indications do not suggest that this silence is due to displeasure.

➍ For a widow or a divorced woman, it is necessary that her permission be given explicitly through speech; considering her silence as consent is not sufficient.

➎ A widow or divorced woman should, after the completion of her waiting period (‘iddah), marry again in a suitable place. Her guardian should also cooperate with her in contracting a second marriage. It is not correct to remain unmarried except if her age has become so advanced that a second marriage is difficult, or if there is some other impediment.

Hadith Authentication (Takhrij al-Hadith):
[وأخرجه مسلم 1421، من حديث ما لك به]

Jurisprudential Points (Tafaqquh):
➊ If a woman's husband passes away or she is divorced, then at the time of marriage, her verbal consent is necessary; her mere silence is not sufficient.
➋ The presence of a guardian (wali) is necessary for marriage.
● Sayyiduna Umar radi Allahu anhu said: No woman should marry without the opinion of her guardian, a relative of sound judgment, or the Sultan. [السنن الكبريٰ للبيهقي 111/7، وسنده قوي، روايته سعيد بن المسيب عن عمر رضي الله عنه قوي و باقي السند صحيح]
● Sayyiduna Ali radi Allahu anhu said: Any woman who marries without a guardian, her marriage is invalid; there is no marriage without a guardian. [السنن الكبريٰ للبيهقي 111/7، وقال : ”هذا اسناده صحيح“، وسند حسن، روايته سفيان الثوري عن سلامته بن كهيل قويته و باقي السند صحيح]
● The Messenger of Allah sallallahu alayhi wa sallam said: «أيما امرأة تزوجت بغير إذن وليها فنكاحها باطل۔۔۔» Any woman who marries without the permission of her guardian, her marriage is invalid. [منتقيٰ ابن الجارود 235 حديث : 700 وسنده حسن، المستدرك للحاكم 168/2 ح 2707]
◄ In this hadith, Sulaiman bin Musa, the narrator, is considered trustworthy and truthful (thiqah, saduq) according to the majority, therefore the hadith is hasan (good). See my book "The Ruling on Folding Hands in Prayer and Its Status" (pp. 23-25).
➌ Sometimes, silence also constitutes a statement, except when there is an indication that specifies otherwise.

Benefit:
It is established from this hadith that parents, when they wish to marry their daughter to someone, must first consult their daughter; marrying off a daughter without her consultation is not correct. The consent of a virgin (bikr) is her silence, whereas a previously married woman (thayyib) will express her consent verbally.

In one hadith, the Messenger of Allah (sallallahu alayhi wa sallam) said: The orphan (i.e., a mature girl) will be asked regarding her marriage; if she remains silent, then that is her permission, and if she refuses, then there is no justification for forcing her into marriage. [سنن ابي داؤد : 2093 سنن الترمذي يه حديث صحيح هے]

This hadith does not at all mean that a previously married woman is free to marry whomever she wishes without her guardian (wali); rather, a marriage does not take place without a wali, whether she is a virgin or previously married.